Compliance News | May 20, 2020
The Department of Education (DOE) has released a much-anticipated Final Rule mandating sweeping changes for how higher education institutions must handle allegations of sexual harassment under Title IX. Nearly all colleges and universities are subject to these changes. These rules are effective on August 14, 2020, which leaves higher education institutions very little time to become compliant with the new regulations.
The Final Rule requires most higher education institutions to rethink and restructure the way they handle allegations of sexual harassment, from intake through appeals.
These are the key provisions:
With an August 14, 2020 effective date, the Final Rule leaves higher education institutions very little time to become compliant with the new regulations. While many institutions had already moved away from the single-investigator model, others will likely need to identify personnel to act as hearing officer(s) and handle appeals. Those individuals will also need to receive mandated training.
In addition, at most colleges and universities, current investigation, hearing and appeal policies and procedures will likely require significant revisions to become compliant.
While court challenges may delay enforcement, institutions may want to consider the following immediate actions:
This publication is for informational purposes only and does not constitute legal, tax or investment advice. You are encouraged to discuss the issues raised here with your legal, tax and other advisors before determining how the issues apply to your specific situations.
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